EDU-35-09-00009-RP Licensure Requirements for Registered Professional Nurses and Licensed Practical Nurses and Certified Nurse Practitioners

9/16/09 N.Y. St. Reg. EDU-35-09-00009-RP

NEW YORK STATE REGISTER

VOLUME XXXI, ISSUE 37

September 16, 2009

RULE MAKING ACTIVITIES

EDUCATION DEPARTMENT

REVISED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. EDU-35-09-00009-RP

Licensure Requirements for Registered Professional Nurses and Licensed Practical Nurses and Certified Nurse Practitioners

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following revised rule:

Proposed Action:

Amendment of sections 64.1, 64.2 and 64.4 of Title 8 NYCRR.

Statutory authority:

Education Law, sections 207(not subdivided), 6507(2), 6905(2) and (4), 6906(2) and (4), 6910(1) and (5)

Subject:

Licensure requirements for registered professional nurses and licensed practical nurses and certified nurse practitioners.

Purpose:

Clarify education and examination requirements for licensure.

Text of revised rule:

1. Section 64.1 of the Regulations of the Commissioner of Education is amended, effective December 10, 2009, as follows:

§ 64.1 Professional study of nursing.

(a) As used in this section, acceptable accrediting agency shall mean an organization accepted by the department as a reliable authority for the purpose of accreditation at the postsecondary level, applying its criteria for granting accreditation in a fair, consistent, and nondiscriminatory manner, such as an agency recognized for this purpose by the United States Department of Education.

[(a)] (b) Registered professional nursing. To meet the professional education requirement, the applicant shall have graduated from:

(1) a program in nursing registered by the department, accredited by an acceptable accrediting agency, or determined by the department to be the equivalent of a registered or accredited program as preparation for practice as a registered professional nurse;

(2) a program in nursing approved by the licensing authority in another state, territory or possession of the United States as preparation for practice as a registered professional nurse; or

(3) a general nursing course of at least two academic years in a country outside the United States and its territories or possessions that is satisfactory to the department and that the licensing authority or appropriate governmental agency of said country certifies to the department as being preparation for practice as a registered professional nurse. [For issuance of a limited permit, an applicant shall obtain a score satisfactory to the department on a proficiency examination selected by the department as evidence of equivalent training, if the applicant's nursing education was obtained in a school of nursing outside the United States and its territories and has not been determined by the department to be equivalent in quality and scope to a program of nursing education registered by the department.]

[(b)] (c) Licensed practical nursing. To meet the education requirements, the applicant shall have graduated from high school or its equivalent, and shall have:

(1) graduated from a program in nursing registered by the department, accredited by an acceptable accrediting agency, or determined by the department to be the equivalent of a registered or accredited program as preparation for practice as a licensed practical nurse;

(2) graduated from a program in nursing [or] approved by the licensing authority in another state, territory, or possession of the United States as preparation for practice as a licensed practical nurse;

[(2) completed preparation in a program determined by the department to be equivalent to the programs described in paragraph (1) of this subdivision;]

(3) graduated from a program in practical nursing of at least nine months in a country outside the United States and its territories or possessions, which program is satisfactory to the department and which program the licensing authority of said country certifies to the department as being preparation for practice as a licensed practical nurse; or

(4) graduated from a general nursing course in a country outside the United States and its territories that is satisfactory to the department and that the licensing authority of said country certifies to the department as being preparation for practice as a professional nurse.

2. Section 64.2 of the Regulations of the Commissioner of Education is amended, effective December 10, 2009, as follows:

§ 64.2 Licensing examinations.

(a) Registered professional nursing. [(1) All parts of the registered professional nurse licensing examination shall be taken each time the candidate is examined.] Each candidate for licensure as a registered professional nurse shall pass an examination that is acceptable to the State Board for Nursing.

[(2) Each candidate for licensure as a registered professional nurse examined after November 22, 1961 shall have taken an examination acceptable to the State Board for Nursing. Except as provided in section 64.3 of this Part, each candidate examined after May 31,1974 shall have taken the same examination on the same dates such examination was given in this State.

(3) The registered professional nurse licensing examination results shall be reported as a single score. Applicants who have passed a part or parts of the registered professional nurse licensing examination prior to July 1, 1982 may not retain credit for such part or parts beyond that date.]

(b) Licensed practical nursing. [(1) A candidate for licensure as a practical nurse shall pass an examination acceptable to the State Board for Nursing. Each candidate examined after September 11, 1974 shall have taken the same examination on the same dates such examination was given in this State.] Each candidate for licensure as a licensed practical nurse shall pass an examination that is acceptable to the State Board for Nursing.

[(2) The passing score as determined by the State Board for Nursing for the licensed practical nurse licensing examination shall be reported as a single score.]

3. Subdivision (d) of section 64.4 of the Regulations of the Commissioner of Education is repealed and subdivision (e) is relettered as subdivision (d), effective December 10, 2009.

Revised rule compared with proposed rule:

Substantial revisions were made in section 64.1(b) and (c).

Text of revised proposed rule and any required statements and analyses may be obtained from

Christine Moore, NYS Education Department, Office of Counsel, 89 Washington Avenue, Room 148 EB, Albany, NY 12234, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Frank Munoz, Associate Commissioner, New York State Education Department, 2nd Floor, West Wing, Education Building, Albany, NY 12234, [phone], email: [e-mail]

Public comment will be received until:

30 days after publication of this notice.

Revised Regulatory Impact Statement

1. STATUTORY AUTHORITY:

Section 207 of the Education Law grants general rule-making authority to the Board of Regents to carry into effect the laws and policies of the State relating to education.

Paragraph (a) of subdivision (2) of section 6507 of the Education Law authorizes the Commissioner of Education to promulgate regulations in administering the admission to and practice of the professions.

Subdivision (2) of section 6905 of the Education Law authorizes the Commissioner of Education to promulgate regulations regarding the education requirements for licensure as a registered professional nurse.

Subdivision (4) of section 6905 of the Education Law requires applicants for licensure as a registered professional nurse to pass an examination satisfactory to the State Board for Nursing and in accordance with regulations of the Commissioner.

Subdivision (2) of section 6906 of the Education Law authorizes the Commissioner of Education to promulgate regulations regarding the education requirements for licensure as a licensed practical nurse.

Subdivision (4) of section 6906 of the Education Law requires applicants for licensure as a licensed practical nurse to pass an examination satisfactory to the State Board for Nursing and in accordance with regulations of the Commissioner.

Subparagraph (iii) of paragraph (c) of subdivision (1) of section 6910 of the Education Law authorizes the Commissioner of Education to promulgate regulations establishing alternative criteria for certification as a nurse practitioner.

Subdivision (5) of section 6910 of the Education Law authorizes the Commissioner of Education to promulgate regulations regarding certificates for nurse practitioner practice.

2. LEGISLATIVE OBJECTIVES:

The proposed amendment carries out the intent of the aforementioned statutes by assuring that only those who have received an adequate nursing education are licensed and requiring that applicants for licensure as registered professional nurses or licensed practical nurses pass an examination acceptable to the State Board for Nursing. The proposed amendment also makes several technical amendments relating to the examination requirements for licensure as a registered professional nurse and licensed practical nurse and certification as a nurse practitioner.

3. NEEDS AND BENEFITS:

Existing regulations authorize the Department to accept the completion of nursing education completed in a licensure qualifying program registered by the Department in satisfaction of the professional education requirements for licensure as a registered professional nurse (RN) or as a licensed practical nurse (LPN). The proposed amendment authorizes the Department to accept education completed in a nursing program accredited by an accrediting agency acceptable to the Department, or a program determined by the department to be the equivalent of a registered or accredited program. The State Board for Nursing and the Department have determined that graduation from an accredited nursing program satisfactorily demonstrates the completion of the professional education required for licensure. The proposed amendment does not affect any of the other current regulatory alternatives for meeting the professional study requirements for licensure as a registered professional nurse or licensed practical nurse.

The proposed amendment also requires that any applicant seeking licensure as a registered professional nurse or a licensed practical nurse take a licensing examination acceptable to the State Board for Nursing and eliminates current provisions relating to the manner in which the exam is administered because these provisions no longer apply.

The proposed amendment also makes technical corrections to delete current provisions related to limited permits and a proficiency exam, which have not been in effect for at least 20 years, and provisions relating to alternative criteria for the certification of nurse practitioners in a second specialty, which are not available to applicants applying for certification after September 15, 2006.

(b) Cost to local government: None.

(c) Cost to private regulated parties: None.

(d) Costs to the regulatory agency: As stated in "Costs to State Government," the proposed amendment does not impose additional costs on the State Education Department.

5. LOCAL GOVERNMENT MANDATES:

The proposed amendment does not impose any program, service, duty, or responsibility upon local governments.

6. PAPERWORK:

The amendment does not impose any additional paperwork requirements.

7. DUPLICATION:

The amendment does not duplicate other existing State or Federal requirements.

8. ALTERNATIVES:

There are no viable alternatives to the proposed amendment, and none were considered.

9. FEDERAL STANDARDS:

There are no Federal standards regarding the education of nursing, licensing that are violated by these proposed changes.

10. COMPLIANCE SCHEDULE:

The proposed amendment must be complied with on its stated effective date. No additional period of time is necessary to enable regulated parties to comply.

Revised Regulatory Flexibility Analysis

The revised rule relates to professional education and examination requirements for licensure as a registered professional nurse or a licensed practical nurse and the certification of nurse practitioners. The purpose of the revised rule is to clarify what professional education is adequate for the licensure of registered professional nurses and licensed practical nurses and to make technical amendments to the examination requirements for licensure due to changes in the manner in which the examination is administered. The revised rule also eliminates the regulatory provisions relating to alternative criteria for certification in additional specialty areas of practice because these requirements are not available to applicants who apply for certification after September 15, 2006.

Because it is evident from the nature of the revised rule that it does not affect small businesses or local governments, no further steps were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses and local governments is not required and one has not been prepared.

Revised Rural Area Flexibility Analysis

Since filing the Notice of Proposed Rule Making with the Department of State for publication in the State Register on September 2, 2009, the proposed rule has been substantially revised as set forth in the Revised Regulatory Impact Statement submitted herewith.

The above revisions to the proposed rule do not require any revisions to the previously published Rural Area Flexibility Analysis.

Revised Job Impact Statement

The proposed amendment relates to professional education and examination requirements for licensure as a registered professional nurse or a licensed practical nurse and the certification of nurse practitioners and will not have a substantial adverse impact on job or employment opportunities. Because it is evident from the nature of the proposed revised rule that it will have no impact on jobs or employment opportunities, no further measures were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.

Assessment of Public Comment

The agency received no public comment.